viii
3.
APPLICABLE
LAW.
This
Agreement
shall
be
interpreted
and
governed
under
the
laws
and
in
the
state
and
federal
courts
of
the
Commonwealth
of
Massachusetts
without
regard
to
its
conflicts
of
laws
provisions.
You
accept
the
personal
jurisdiction
and
venue
of
the
Commonwealth
of
Massachusetts
courts.
None
of
the
1980
United
Nations
Convention
on
Contracts
for
the
International
Sale
of
Goods,
the
United
Nations
Convention
on
the
Limitation
Period
in
the
International
Sale
of
Goods,
and
the
Uniform
Computer
Information
Transactions
Act
shall
apply
to
this
Agreement.
4.
EXPORT
RESTRICTIONS.
You
understand
that
Enterasys
and
its
Affiliates
are
subject
to
regulation
by
agencies
of
the
U.S.
Government,
including
the
U.S.
Department
of
Commerce,
which
prohibit
export
or
diversion
of
certain
technical
products
to
certain
countries,
unless
a
license
to
export
the
Program
is
obtained
from
the
U.S.
Government
or
an
exception
from
obtaining
such
license
may
be
relied
upon
by
the
exporting
party.
If
the
Program
is
exported
from
the
United
States
pursuant
to
the
License
Exception
CIV
under
the
U.S.
Export
Administration
Regulations,
You
agree
that
You
are
a
civil
end
user
of
the
Program
and
agree
that
You
will
use
the
Program
for
civil
end
uses
only
and
not
for
military
purposes.
If
the
Program
is
exported
from
the
United
States
pursuant
to
the
License
Exception
TSR
under
the
U.S.
Export
Administration
Regulations,
in
addition
to
the
restriction
on
transfer
set
forth
in
Section
1
or
2
of
this
Agreement,
You
agree
not
to
(i)
reexport
or
release
the
Program,
the
source
code
for
the
Program
or
technology
to
a
national
of
a
country
in
Country
Groups
D:1
or
E:2
(Albania,
Armenia,
Azerbaijan,
Belarus,
Cambodia,
Cuba,
Georgia,
Iraq,
Kazakhstan,
Laos,
Libya,
Macau,
Moldova,
Mongolia,
North
Korea,
the
People’s
Republic
of
China,
Russia,
Tajikistan,
Turkmenistan,
Ukraine,
Uzbekistan,
Vietnam,
or
such
other
countries
as
may
be
designated
by
the
United
States
Government),
(ii)
export
to
Country
Groups
D:1
or
E:2
(as
defined
herein)
the
direct
product
of
the
Program
or
the
technology,
if
such
foreign
produced
direct
product
is
subject
to
national
security
controls
as
identified
on
the
U.S.
Commerce
Control
List,
or
(iii)
if
the
direct
product
of
the
technology
is
a
complete
plant
or
any
major
component
of
a
plant,
export
to
Country
Groups
D:1
or
E:2
the
direct
product
of
the
plant
or
a
major
component
thereof,
if
such
foreign
produced
direct
product
is
subject
to
national
security
controls
as
identified
on
the
U.S.
Commerce
Control
List
or
is
subject
to
State
Department
controls
under
the
U.S.
Munitions
List.
5.
UNITED
STATES
GOVERNMENT
RESTRICTED
RIGHTS.
The
enclosed
Program
(i)
was
developed
solely
at
private
expense;
(ii)
contains
“restricted
computer
software”
submitted
with
restricted
rights
in
accordance
with
section
52.227
‐
19
(a)
through
(d)
of
the
Commercial
Computer
Software
‐
Restricted
Rights
Clause
and
its
successors,
and
(iii)
in
all
respects
is
proprietary
data
belonging
to
Enterasys
and/or
its
suppliers.
For
Department
of
Defense
units,
the
Program
is
considered
commercial
computer
software
in
accordance
with
DFARS
section
227.7202
‐
3
and
its
successors,
and
use,
duplication,
or
disclosure
by
the
Government
is
subject
to
restrictions
set
forth
herein.
6.
DISCLAIMER
OF
WARRANTY.
EXCEPT
FOR
THOSE
WARRANTIES
EXPRESSLY
PROVIDED
TO
YOU
IN
WRITING
BY
ENTERASYS,
ENTERASYS
DISCLAIMS
ALL
WARRANTIES,
EITHER
EXPRESS
OR
IMPLIED,
INCLUDING
BUT
NOT
LIMITED
TO
IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
SATISFACTORY
QUALITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE,
TITLE
AND
NON
‐
INFRINGEMENT
WITH
RESPECT
TO
THE
PROGRAM.
IF
IMPLIED
WARRANTIES
MAY
NOT
BE
DISCLAIMED
BY
APPLICABLE
LAW,
THEN
ANY
IMPLIED
WARRANTIES
ARE
LIMITED
IN
DURATION
TO
THIRTY
(30)
DAYS
AFTER
DELIVERY
OF
THE
PROGRAM
TO
YOU.
7.
LIMITATION
OF
LIABILITY.
IN
NO
EVENT
SHALL
ENTERASYS
OR
ITS
SUPPLIERS
BE
LIABLE
FOR
ANY
DAMAGES
WHATSOEVER
(INCLUDING,
WITHOUT
LIMITATION,
DAMAGES
FOR
LOSS
OF
BUSINESS,
PROFITS,
BUSINESS
INTERRUPTION,
LOSS
OF
BUSINESS
INFORMATION,
SPECIAL,
INCIDENTAL,
CONSEQUENTIAL,
OR
RELIANCE
DAMAGES,
OR
OTHER
LOSS)
ARISING
OUT
OF
THE
USE
OR
INABILITY
TO
USE
THE
PROGRAM,
EVEN
IF
ENTERASYS
HAS
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
THIS
FOREGOING
LIMITATION
SHALL
APPLY
REGARDLESS
OF
THE
CAUSE
OF
ACTION
UNDER
WHICH
DAMAGES
ARE
SOUGHT.
THE
CUMULATIVE
LIABILITY
OF
ENTERASYS
TO
YOU
FOR
ALL
CLAIMS
RELATING
TO
THE
PROGRAM,
IN
CONTRACT,
TORT
OR
OTHERWISE,
SHALL
NOT
EXCEED
THE
TOTAL
AMOUNT
OF
FEES
PAID
TO
ENTERASYS
BY
YOU
FOR
THE
RIGHTS
GRANTED
HEREIN.
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